IN THE CASE OF:
BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090013888
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the recoupment of his reenlistment bonus be canceled and that he be allowed to retain the bonus.
2. The applicant states that an Office of the Deputy Chief of Staff G-1 Memorandum changed the policy governing bonus recoupment allowing Soldiers who transferred from the Selected Reserve (SELRES) to the Army Guard Reserve (AGR) on or after 8 April 2005 to be granted a waiver for the recoupment of reenlistment bonuses.
3. The applicant provides copies of his reenlistment contract, AGR orders, bonus recoupment notice, and an Office of the Deputy Chief of Staff G-1 Memorandum dated 14 August 2008.
CONSIDERATION OF EVIDENCE
1. On 10 August 2007, the applicant, a career U.S. Army Reserve (USAR) Soldier, reenlisted in the SELRES and received a $15,000.00 reenlistment bonus in a lump sum payment.
2. The applicant's contract states retaining entitlement to the bonus once paid is contingent upon satisfactory participation in the SELRES. The applicant accepted an AGR position on 27 August 2007.
3. On 11 January 2008, the Defense Finance and Accounting Service (DFAS) notified the applicant of the creation of a debt owed to the Department of Defense as a result of overpayment due to separation.
4. The applicant appears to have appealed the above action indicating that an Office of the Deputy Chief of Staff G-1 Memorandum allowed for a waiver of the recoupment of his reenlistment bonus.
5. The Office of the Deputy Chief of Staff G-1 Memorandum, dated 14 August 2008, that the applicant provided states that the Principal Deputy Under Secretary of Defense (PDUSD) issued a Memorandum, dated 21 May 2008, which supersedes existing Department of Defense Directives and Instructions and further clarifies Memoranda, dated 18 September 2007and 8 April 2005 of the same subject, that essentially state: "To the extent permitted by law, personnel who receive a bonus (i.e. enlistment, reenlistment, extension, affiliation, or prior service) are affected by the new policy."
6. The Office of the Deputy Chief of Staff G-1 Memorandum, dated 14 August 2008, supersedes the earlier memoranda regarding the recoupment of bonuses paid to USAR Soldiers transferring into an active component, military technician program, the AGR, and officer status.
7. The above memorandum states that effective 8 April 2005, Reserve Component Soldiers who enlist into the Active Component will have their Reserve Component bonus terminated with no recoupment of the already-paid portion of the Reserve Component bonus.
8. The above memorandum also states that effective 21 May 2008 SELRES Soldiers who accept an AGR position or a military technician position will have their enlistment/reenlistment/affiliation bonus terminated without recoupment regardless of the length of service in the losing SELRES. Further the 6 month SELRES membership rule was eliminated effective 21 May 2008.
9. In the development of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Chief, Incentives and Budget Branch. It states the applicant did not meet the requirements for a waiver of recoupment of his bonus because, prior to 21 May 2008, there was requirement for a Soldier to serve a minimum of 6 months in the SELRES before transferring to the AGR. The regulation removing the 6 month SELRES requirement was not effective until 21 May 2008.
10. A copy of the advisory opinion was forwarded to the applicant and he did not respond.
11. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), then in effect, required a SELRES Soldier to remain in the SELRES for a minimum of 6 months before transferring to another Reserve component.
DISCUSSION AND CONCLUSIONS:
1. The applicant reenlisted in the USAR on 10 August 2007 and accepted an AGR position 17 days later.
2. The memorandum the applicant referred to concerns the cancellation of recoupment bonuses for Soldiers who transferred from the SELRES to the Active Component. The inclusion of SELRES to AGR transfers did not become effective until 21 May 2008.
3. Based on the regulations in affect at the time the applicant transferred from the SELRES to the AGR, he was required to remain in the SELRES 6 months prior transferring to another Reserve Component. The deletion of this requirement did not become effective until 21 May 2008 and did not include a retroactive entitlement provision.
4. Therefore, the applicant's debt was properly created and recoupment is warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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